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06-723 - Hall v. Warden Lebanon Correctional Institution


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06-723 - Hall v. Warden Lebanon Correctional Institution
December 4, 2007
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REPORT AND RECOMMENDATIONS re 2 Petition for Writ of Habeas Corpus filed by Billy Ray Hall: that petition be ADMINISTRATIVELY STAYED and that the case be TERMINATED on the Court's active docket pending petitioner's exhaustion of his Ohio remedies; certificate of appealability SHOULD NOT ISSUE; and IFP SHOULD BE DENIED.Objections to R&R due by 12/18/2007. Signed by Judge Timothy S. Black on 12/3/07. (Attachments: # (1) cert) (jl1, )
March 12, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATION in its entirety re 8 Report and Recommendation. The Court administratively STAYS the Petitioner's habeas petition and TERMINATES the petition on the Court's active docket pending Petitioner's exhaustion of his state court remedies. The stay is conditioned on: (1) Petitioner filing a delayed application with the Twelfth District Court of Appeals in order to reopen his appeal under Ohio R App P 26(B) within 30 days of the filing of this Order; and (2) Petitioner filing a motion to reinstate the instant petition on the Court's active docket within 30 days of exhausting the delayed reopening application remedy under state appellate review. The Court further finds that a certificate of appealability should not issue. The Court certifies that an appeal of this Order would not be taken in good faith and therefore the Court DENIES petitioner leave to appeal in forma pauperis. Signed by Judge S Arthur Spiegel on 3/11/2008. (km1, ) (Additional attachment(s) added on 3/12/2008: # (1) Certified Mail Receipt) (km1, ).